(c)

5 Section 98D replaced (Trafficking in people by means of coercion or deception)

98D Trafficking in persons

Every person is liable to the penalty stated in subsection (2) who arranges, organises, or procures—

(a)

the entry of a person into, or the exit of a person out of, New Zealand or any other State—

(i)

for the purpose of exploiting or facilitating the exploitation of the person; or

(ii)

knowing that the entry or exit of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both; or

(b)

the reception, recruitment, transport, transfer, concealment, or harbouring of a person in New Zealand or any other State—

(i)

for the purpose of exploiting or facilitating the exploitation of the person; or

(ii)

knowing that the reception, recruitment, transport, transfer, concealment, or harbouring of the person involves 1 or more acts of coercion against the person, 1 or more acts of deception of the person, or both.

(2)

The penalty is imprisonment for a term not exceeding 20 years, a fine not exceeding $500,000, or both.

(3)

Proceedings may be brought under this section even if—

(a)

parts of the process by which the person was exploited, coerced, or deceived were accomplished without an act of exploitation, coercion, or deception:

(b)

the person exploited, coerced, or deceived—

(i)

did not in fact enter or exit the State concerned; or

(ii)

was not in fact received, recruited, transported, transferred, concealed, or harboured in the State concerned.

(4)

For the purposes of this section, exploit, in relation to a person, means to cause, or to have caused, that person, by an act of deception or coercion, to be involved in—

(a)

prostitution or other sexual services:

(b)

slavery, practices similar to slavery, servitude, forced labour, or other forced services:

A body corporate or corporation sole commits an offence against subsection (2) if—

(a)

an employee of the body corporate or corporation sole does an act that would constitute an offence under subsection (2); and

(b)

the employee does the act, in whole or in part, with the intent to benefit the body corporate or corporation sole; and

(c)

the employee, in doing the act, is acting within the scope of their authority as an employee of the body corporate or corporation sole.

(2B)

A body corporate or corporation sole does not commit an offence under subsection (2) if it has taken reasonable steps to prevent the offence.

(2C)

If a body corporate or corporation sole is charged with an offence under subsection (2), it is to be presumed, unless the body corporate or corporation sole puts the matter at issue, that it did not take reasonable steps.

(2D)

Every person who commits an offence against this section is liable to imprisonment for a term not exceeding 7 years, or a fine, or both.

(2E)

A fine imposed under subsection (2D) cannot exceed the greater of—

(a)

$5 million; or

(b)

if a court is satisfied that an offence occurred in the course of producing a commercial gain, and if the value of that commercial gain can be readily ascertained, 3 times the value of that commercial gain.

8 Section 105E replaced (Exception for acts lawful in country of foreign public official)

105E Corruption of foreign public officials

(1)

Every person specified in subsection (2) who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person in respect of any act or omission by an official in the official’s official capacity (whether or not the act or omission is within the scope of the official’s authority) is liable to imprisonment for a term not exceeding 7 years.

(2)

Subsection (1) applies to—

(a)

any foreign public official who has committed the offence while in New Zealand:

(b)

any person employed as a foreign public official who has committed the offence while outside New Zealand if the person is—

(i)

a New Zealand citizen; or

(ii)

ordinarily resident in New Zealand; or

(iii)

a body corporate incorporated in New Zealand; or

(iv)

a corporation sole incorporated in New Zealand.

(3)

Nothing in this section limits any immunity that a foreign public official or person has under this Act or any other enactment.

105F Trading in influence

Every person is liable to imprisonment for a term not exceeding 7 years who corruptly accepts or obtains, or agrees or offers to accept or attempts to obtain, a bribe for that person or another person with intent to influence an official in respect of any act or omission by that official in the official’s official capacity (whether or not the act or omission is within the scope of the official’s authority).

11 New sections 228A to 228C inserted

Every person is liable to imprisonment for a term not exceeding 3 years who designs, manufactures, or adapts goods with intent to facilitate the commission of a crime involving dishonesty.

228B Possessing, selling, or disposing of goods designed, manufactured, or adapted with intent to facilitate commission of crimes involving dishonesty

Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses, sells, or disposes of any goods designed, manufactured, or adapted to facilitate the commission of a crime involving dishonesty, with intent to use, or to enable another person to use, the goods to facilitate the commission of a crime involving dishonesty.

228C Possessing goods capable of being used to facilitate crimes involving dishonesty with intent to facilitate commission of those offences

Every person is liable to imprisonment for a term not exceeding 3 years who, without lawful authority or excuse, possesses any goods capable of being used to facilitate the commission of a crime involving dishonesty (other than those specified in sections 227, 233, and 264) with intent to use the goods to facilitate the commission of that offence.

Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any document or thing capable of being used to derive a pecuniary advantage knowing that, by deception and without claim of right, the document or thing was, or was caused to be, delivered, executed, made, accepted, endorsed, or altered.

13 Section 243 amended (Money laundering)

offence means an offence (or any offence described as a crime) that is punishable under New Zealand law, including any act, wherever committed, that would be an offence in New Zealand if committed in New Zealand

In section 243(4), replace “for the purpose of concealing any property or enabling another person to conceal any property,” with “in concealing any property or by enabling any person to conceal any property,”.

14 Section 243A replaced (Charges for money laundering)

243A Charges for money laundering

A person may be charged under section 243(2) or (3) in respect of any property that is the proceeds of an offence to which section 243(2) or (3) applies even though the person who committed the offence—

(a)

has not been charged with that offence; or

(b)

has not been convicted of that offence.

15 Section 244 amended (Defence of enforcement of enactment)

In section 244(a), replace “this section, any other provision of this Act, or any other enactment relating to a serious offence” with “section 243”.

245 Application of section 243 to acts outside New Zealand

Section 243 applies to an act that has occurred outside New Zealand and that is alleged to constitute an offence resulting in proceeds only if—

(a)

the act was an offence under the law of the place where and when it occurred; or

(b)

it is an act to which section 7 or 7A of this Act applies; or

(c)

an enactment provides that the act is an offence in New Zealand, and no additional requirement exists for the act to be an offence in the place where and when it occurred.

(2)

If a person is charged with an offence under section 243 and subsection (1)﻿(a) applies, it is to be presumed, unless that person puts the matter at issue, that the act was an offence under the law of the place where and when it occurred.

17 Section 256 amended (Forgery)

Every person is liable to imprisonment for a term not exceeding 3 years who, without reasonable excuse, sells, transfers, or otherwise makes available any false document knowing it to be false and to have been made with the intention that it be used or acted on (in New Zealand or elsewhere) as genuine.